RAM DUTTA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in this writ application have prayed for quashing the order dated 4-7-1984, contained in Annexure 5, passed by the Dy. Director, Consolidation (headquarter), Patna in Revision No. 2270/81 under Section 35 of the Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act'), by which he has allowed the revision filed by the husband of respondent No. 5 with a direction to record the name of Rajeswar Ojha (deceased) and other respondents after removing the names of Ugrasen Pandey and Gaya Pandey in the Khatian.

(2.) In short, the case of the petitioners is that the land in dispute, measuring about 5 acres are situated in mouza Hathilpur in Brahampur Anchal in the district of Bhojpur, over which the petitioners as well as respondents second set lay their claim on various grounds and also over which Dy. Director of Consolidation (Hd. qurs.) respondent No. 3) has declared title of Rajeshwar Ojha (deceased) and others on the basis of an order passed in a Title suit which abated under Section 4(c) of the Act. It is further stated that Rajeshwar Ojha and others, who are respondents Nos. 6 to 9 filed a Title Suit No. 104 of 1971 for partition of the disputed land between the parties, which was decreed and Ramkailash Pandey, ancestor of the petitioners, being aggrieved by the said judgment and decree passed in the aforesaid Title suit filed an appeal being Title Appeal No. 6 of 1978.

(3.) It is the further case of the petitioners that the consolidation operation in the aforesaid village was taken up in the year 1970, wherein a notification under Section 3 of the Act was made by the State Government declaring its intention to make scheme for consolidation of holdings in the area. In spite of the notification under Section 3 of the Act the respondents filed Title partition suit as mentioned above in the Court of Ist Addl. Subordinate Judge, Buxar, for partitioning the land in dispute to the extent of respective shares as per the branch in the family. The respondents neither filed any application under Section 4(c) for abatement of the suit, nor did he file any application under Section 12(2) of the Act for partition or regarding their entry of names in the consolidation registers. The petitioners ancestor filed appeal against the aforesaid judgment and decree and then only the respondents filed a petition under Section 4(1)(c) of the Act, upon which the learned civil Court passed an order of abatement on 27-9-1978. Thereafter the respondents filed a petition after lapse of more than the statutory period under Section 12(2) of the Act which was dismissed by the learned Consolidation Officer, Brahampur as the mauza was already confirmed on 14-2-1978 and delivery of possession was already affected on 15-5-1978. The certificate of transfer was also distributed on 1-11-1978 to all the raiyats, which is the conclusive proof of the right, title and possession of the properties. The respondents, against that order of the Consolidation Officer directly filed a revision application being Revision No. 150 of 1979 under Section 35 of the Act before the Director of Consolidation, who, while disposing of the said revision application, without any notice to the petitioners observed that the respondents should better move the lower Court under Section 10-B of the Act. The respondents then moved the Consolidation Officer under Section 10-B, which was rejected by the Consolidation Officer on the ground that the mauza was already confirmed and he had no jurisdiciton to pass any order. Rajeshwar Ojha (deceased) thereafter filed a Misc. case No. 1 of 1981-82 before the Dy. Director of Consolidation, Bhojpur inter alia, praying that the Consolidation Officer was sitting tight over the matter and had not been passing any order. The Dy. Director thereafter called for a report from the Consolidation Officer, Brahampur and on perusal of the order and other papers, rejected the Misc. case on 31-10-1981. The petitioner, thereafter filed a revision application being Revision No. 2270/1981 before the Director of Consolidation, Bihar, Patna against the said order dated 31-10-1981 in which respondent No. 3 the Dy. Director of Consolidation, by his order dated 4-7-1984 (Annexure 5) rejected the claim of the petitioners and allowed the revision case relying solely on the judgment and decree and evidence adduced in Title Suit No. 104 of 1971 which had already abated under Section 4(1)(c) much earlier.